House Journal for Mar. 16, 2010 - South Carolina Legislature Online

House Journal for Mar. 16, 2010 - South Carolina Legislature Online

TUESDAY, MARCH 16, 2010

Indicates Matter Stricken

Indicates New Matter

The House assembled at 9:30 a.m.

Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 73:26: “My flesh and my heart may fail, but God is the strength of my heart and my portion forever.”

Let us pray. Almighty God, keep our eyes and our hearts focused on the prize and let these Representatives walk in confidence with You. Calm the strain and stress of each one of these Representatives and staff as they continue to work on those items that mean so much to our State and her people. Bless these people with strength and courage to do the right and thoughtful process. Look in favor upon our leaders, that they may look to You for guidance. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WILLIAMS moved that when the House adjourns, it adjourn in memory of Roy and Ruby Shingler of Santee, which was agreed to.

REPORT RECEIVED

The following was received:

Findings of Fact

Memorandum To:Clerk of the House

Clerk of the Senate

Re:Committee Hearings - February 18, 2010,

February 23, 2010 and February 25, 2010

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

The Citadel

At-largeone seat

Mr. Dylan Goff

Mr. Robert E. Hood

Mr. Michael D. Hunter (withdrew)

Mr. Wallace Scarborough

Mr. Duncan Wheale

Clemson University

At-largethree seats

Mr. John Bednar

Mr. John J. Capitan, Jr.

Dr. Ronald Lee(withdrew - applied for pending seat)

Ms. Patti McAbee

Mr. Nicky McCarter

Ms. Weesie Poole(withdrew - applied for pending seat)

Mr. Neil C. Robinson(withdrew - applied for pending seat)

Mr. Allan Sloan

Mr. Joseph D. Swann

Mr. John Warner(withdrew - applied for pending seat)

one seatPENDINGterm to expire 2012

deadline to apply March 16 5:00pm

College of Charleston

Six congressional districts, two at-large

1st District, Seat 1Mr. Joseph F. Thompson, Jr.

2nd District, Seat 3Mr. John H. Busch

Mr. Gerald Killeen

3rd District, Seat 5Ms. Annaliza Oehmig Moorehead

4th District, Seat 7Mr. John B. Wood, Jr

5th District, Seat 9Mr. Frank M. Gadsden

6th District, Seat 11Ms. Demetria Noisette Clemons

At-large, Seat 13Mr. Daniel Ravenel

At-large, Seat 15Mr. Donald H. Belk

Coastal Carolina University

Two congressional districts

1st District, Seat 2Mr. Larry Biddle

4th District, Seat 8Mr. Wyatt Henderson

Francis Marion University

Six congressional districts, two at-large

1st District, Seat 1Dr. H. Randall Dozier

2nd District, Seat 3 PENDINGMs. Laura Crowther (withdrew)

deadline to apply March 24, 5:00pm

3rd District, Seat 5Mr. R. Tracy Freeman

4th District, Seat 7Mr. L. Franklin Elmore

5th District, Seat 9Mr. W. C. Stanton

6th District, Seat 11Mr. Jim Brown

At-large, Seat 13Mr. Robert E. Lee

At-large, Seat 15Mr. Kenneth W. Jackson

Lander University

Six congressional districts, two at-large

1st District, Seat 1Mr. Robert A. Barber, Jr.

2nd District, Seat 3Mr. Maurice Holloway

3rd District, Seat 5Ms. Mamie W. Nicholson

4th District, Seat 7Mr. Fred Thrailkill

5th District, Seat 9Dr. John Nicholson

6th District, Seat 11Dr. Ann Hurst

At-large, Seat 13Mr. Raymond D. Hunt

At-large, Seat 15 Mr. Bobby M. Bowers

Medical University of South Carolina

Six congressional districts (3 from medical, 3 from non-medical)

1st District, medicalDr. Donald R. Johnson, II

2nd District, medicalDr. Harold Jablon

Dr. Thomas C. Rowland, Jr.

3rd District, medicalDr. Stanley C. Baker, Jr.

4th District, non-medicalMr. Thomas L. Stephenson

5th District, non-medicalDr. James E. Wiseman, Jr.

6th District, non-medicalMr. Charlie Appleby

Mr. Robin Tallon

SC State University

One congressional district, two at-large

3rd District, Seat 3Mr. Lumus Byrd, Jr. (withdrew)

Mr. Robert L. Waldrep, Jr.

At-large, Seat 7 Mr. Roger Leaks, Jr.

Mr. Robert M. Nance

At-large, Seat 9 Mr. Earl A. Bridges, Jr.

Ms. Patricia Lott

University of South Carolina

Ten Judicial Circuits

1st CircuitDr. Sharon Eden

Mr. Boyd McLeod

Mr. Charles H. Williams

3rd CircuitMr. Jack Osteen

Mr. C. Dorn Smith, III

5th CircuitMr. William C. Hubbard

Mr. Russ “Chip” McKinney, Jr.

6th Circuit (term expires 2012)

Mr. Chauncey K. “Greg” Gregory

7th CircuitMr. Toney J. Lister

9th CircuitMr. John C. von Lehe, Jr.

11th CircuitMr. Michael J. Mungo

12th CircuitDr. C. Edward Floyd

13th CircuitMr. Richard A. “Dick” Jones, Jr.

Mr. Mack I. Whittle, Jr.

16th Circuit (term expires 2012)

Mr. Alton Hyatt

Ms. Leah B. Moody

Wil Lou Gray Opportunity School

At-largetwo seats

Ms.Marilyn Edwards Taylor

Mr. Thomas B. Hamilton, Jr.

Winthrop University

Two congressional districts

3rd DistrictMs. Janet Smalley

4th DistrictMr. Scott Talley

Respectfully submitted,

Sen. Jake Knotts, ChairmanRep. Joan Brady, Vice-Chairman

Sen. Thomas AlexanderRep. Lanny F. Littlejohn

Sen. Harvey Peeler, Jr.Rep. David Mack

Sen. Yancey McGillRep. Bill Whitmire

COMMITTEE TO SCREEN CANDIDATES

FOR BOARDS OF TRUSTEES

OF STATE COLLEGES AND UNIVERSITIES

Thursday, February 18, 2010

1:35 p.m. - 4:19 p.m.

The meeting was conducted on February 18, 2010 at 433 Blatt Building, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

Senator Jake Knotts, Chairman

Representative Joan Brady, Vice Chairman

Senator Thomas Alexander

Senator Harvey Peeler, Jr.

Senator Yancey McGill

Representative Lanny Littlejohn

Representative David Mack

Representative Bill Whitmire

Also Present: Sophia Derrick

THURSDAY, FEBRUARY 18, 2010

CHAIRMAN KNOTTS: Your attention, please. At this point in time, I'm going to call the screening committee together for boards and commissions. I want to thank each and every one of you for applying. I'm going to start over here on my right and go around and introduce the committee members. Senator McGill, say anything you want to say.

SENATOR MCGILL: Thank you for letting us participate. We're glad that all of you are doing what you're doing for this state. What a blessing for this state. Thank you.

SENATOR PEELER: I'm Harvey Peeler. I'm glad to be here and I appreciate you folks willingness to serve the state of South Carolina in this capacity.

SENATOR ALEXANDER: Thomas Alexander, Senator from District 1, Oconee and Pickens County. And again I echo those comments. We appreciate your willingness to serve in this capacity.

CHAIRMAN KNOTTS: I'm Jake Knotts. I'm from Lexington County. I appreciate y'all being here and applying.

VICE CHAIRMAN BRADY: Good afternoon. I'm Joan Brady from Richland County House District 78. And I'm glad to be a part of this committee.

REPRESENTATIVE LITTLEJOHN: Lanny Littlejohn, Spartanburg/Cherokee Counties. Very appreciative of your giving of your time for the State of South Carolina.

REPRESENTATIVE MACK: My name is David Mack, III. State Representative from Charleston, South Carolina. And I echo my colleagues and I appreciate you taking time to serve. Thank you.

CHAIRMAN KNOTTS: If you would, the staff is going to call out your name. If you're unopposed, please stand when she calls your name and remain standing and I will swear each of you in.

MS. DERRICK: We'll start with College of Charleston: Mr. Joseph F. Thompson, Jr., Annaliza Moorehead, John B. Wood, Jr., Frank M. Gadsden, Demetria Clemons, Daniel Ravenel, Donald H. Belk.

Coastal Carolina University: Larry Biddle, Wyatt Henderson.

Francis Marion University: Dr. Randall Dozier, Mrs. Laura Crowther, Mr. Tracy Freeman, Mr. Franklin Elmore, who is unable to attend, to be here next Thursday. Mr. W. C. Stanton, Jim Brown, Robert E. Lee, Kenneth Jackson will also be screened next Thursday.

Lander University: Mr. Robert R. Barber, Mr. Maurice Holloway, Mamie Nicholson, Fred Thrailkill, Dr. John Nicholson, Dr. Ann Hurst, Raymond Hunt, and Mr. Bobby Bowers. That is all the unopposed candidates to appear today.

CHAIRMAN KNOTTS: Thank you. Raise your right hand, please and I'll have staff swear you in.

MS. DERRICK: Do you swear to tell the whole truth, nothing but the truth, so help you God?

CANDIDATES: (Affirmation.)

MS. DERRICK: Thank you.

CHAIRMAN KNOTTS: Okay. All of you remain standing. Do any of you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in a full capacity? If you do, let us know.

CANDIDATES: (No response.)

CHAIRMAN KNOTTS: Okay. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?

CANDIDATES: (Affirmation.)

CHAIRMAN KNOTTS: Do you have any interests professionally or personally that present a conflict of interest because of your service on the board?

CANDIDATES: (Negative response.)

CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?

CANDIDATES: (Negative response.)

CHAIRMAN KNOTTS: Okay. Please have a seat. Members of the committee, I ask do we have any type of agreement on how to screen these people? I personally have talked to some of you and suggest that the ones that are unopposed just come up, state their name, very briefly tell us what board they have reapplied for and anything short that they want to say about the university or their service on the board. Does anybody have a problem with that?

VICE CHAIRMAN BRADY: Chairman?

CHAIRMAN KNOTTS: Yes, ma'am?

VICE CHAIRMAN BRADY: Could we define short since we have so many applicants?

CHAIRMAN KNOTTS: All right. We want to make sure that if you got anything to say that has happened or anything you want to say, we want you to say it, but brevity is of the interest because you -- neither one have an opponent.

SENATOR PEELER: Mr. Chairman?

CHAIRMAN KNOTTS: Yes, sir.

SENATOR PEELER: Is it my understanding that each of these ladies and gentlemen that are running unopposed, they have gone through the screening process at least one time before, previous to today?

CHAIRMAN KNOTTS: Right.

SENATOR PEELER: And nothing's changed because of the questions you've asked earlier from their last screening?

CHAIRMAN KNOTTS: Right.

SENATOR PEELER: And they're running unopposed?

CHAIRMAN KNOTTS: Running unopposed.

SENATOR PEELER: So I would say unless someone has a comment or a question that we would find the people that have been previously screened before and running unopposed, that we find them qualified.

CHAIRMAN KNOTTS: Okay. Well I wanted to do that but I didn't want to upset anybody's feelings. Do I have a second?

SENATOR MCGILL: Second.

CHAIRMAN KNOTTS: Okay. I have a motion and a second. Anyone that has been screened before and has applied for reappointment and have no opposition, that they be found qualified and nominated.

SENATOR ALEXANDER: Yes. Before we take the vote, I would like the different institutions to provide for us a copy of their attendance records just so that we would have that kind of record.

CHAIRMAN KNOTTS: All right.

SENATOR ALEXANDER: This certainly has nothing to do with the vote that we're going to take, but I do think it is important to just have the attendance of board meetings. Thank you very much.

REPRESENTATIVE LITTLEJOHN: When it's taken care of, can I get that from you?

CHAIRMAN KNOTTS: If each of y'all that have missed any meetings, please provide your attendance record to staff. And upon review of this committee, after that, we will notify you if you need to come back. Is that okay? Okay. We have a motion and a second.

MS. DERRICK: There are some people that have to apply that have never been screened before. They're new. And they -- there's like three of them. Maybe we can hear from them?

CHAIRMAN KNOTTS: Would you amend your motion?

SENATOR PEELER: I certainly would. If they've never gone through the screening process before, I think it would be.

CHAIRMAN KNOTTS: Please stand if you've been through the process before and are an incumbent with no opposition. Okay.

SENATOR PEELER: Do you have a list of the folks that have not been screened?

MS. DERRICK: Yeah. Barbara, you've never been through screening, so we'll need to hear from you. Is there anybody else that has never been through screening?

CHAIRMAN KNOTTS: Okay.

MS. HURST: Ann Hurst

MS. DERRICK: Ann Hurst.

DR. NICHOLSON: John Nicholson.

MS. DERRICK: John Nicholson.

MR. CAPITAN: Joe Capitan.

MS. DERRICK: Joe Capitan.

MR. FREEMAN: Tracy Freeman

MS. DERRICK: We'll take you up later, Mr. Capitan with Clemson because you are running opposed. Tracy Freeman. Thank you. Okay. So there were about -- just those. What was that -- five? Five of them.

SENATOR PEELER: I'll defer to you, Mr. Chairman, but just folks that are standing that have completed screening at least one time before and with the information that Senator Alexander wanted, I would ask that the ones that have gone through screening, find them qualified. And then the folks that have not, ask them to stay and they would be put through the screening process.

CHAIRMAN KNOTTS: Okay. We have a motion and a second. All in favor of the motion, say "Aye."

COMMITTEE: Aye.

CHAIRMAN KNOTTS: All opposed?

COMMITTEE: (No response.)

CHAIRMAN KNOTTS: Okay. Thank all of you who we just talked about. I'd call you by name, but it's a long list and we do appreciate your service and please provide the staff the information that we have requested. Failure to do that, we will reconsider you. And if you have a problem with attendance, we may reconsider. Thank you for coming. Y'all may be dismissed.

CHAIRMAN KNOTTS: Okay. All right. Staff call the first unopposed candidate and we'll start the screening.

MS. DERRICK: Was there anybody from the College of Charleston that needs to go through screening?

Mr. John B. Wood, Jr.

MR. WOOD: John Wood.

MS. DERRICK: John Wood. John B. Wood, Jr. Oh, I'm sorry. You know what? You have opposition, so we're going to wait on y'all.

CHAIRMAN KNOTTS: We're only talking about the people who have no opposition at this time. We'll get through the ones that have opposition in a minute.

MS. DERRICK: Tracy Freeman; Francis Marion.

MR. FREEMAN: All right. So good evening.

CHAIRMAN KNOTTS: Good evening.

MR. FREEMAN: My name is R. Tracy Freeman. I'm from North Augusta, South Carolina and I'm a current alumni of Francis Marion University. I've been dealing with the university for approximately 22 years, 18 years as an alumni. I have served in various capacities in the past. Also an alumni with the advisory board.

And also I served as the alumni chairman for the central Savannah area which is Augusta/Aiken area. I look forward to serving on this board of trustees to continue my commitment to the university in various capacities and hopefully promote the university any way I can help so far.

CHAIRMAN KNOTTS: Any questions from any of the members? Thank you for coming.

MR. FREEMAN: Thank you, sir.

MS. DERRICK: Lander University. Robert R. Barber, Jr.

Mr. Robert A. Barber, Jr.

MR. BARBER: Chairman, members of the committee, I'm glad to be here. And I want to thank Ms. Derrick for her help over the weeks there. And let me make one correction: My middle initial is "A."

MS. DERRICK: Thank you.

MR. BARBER: Okay.

MS. DERRICK: I will fix that.

MR. BARBER: I'm delighted to be here. I have a long-standing relationship with Lander University. My wife spent some time there so, taking some classes. Been to some interesting writing school programs that they were part of with Tulane University. I went to England.

There was a Lander program there, with my wife. She was a student. I went along. Had some great teachers when I was a younger person who went to Lander. And have known some of the leadership over there for a long time.

But I think that they have fine leadership now. I think there's a very good working relationship between the board and the administration. And I feel like I can contribute to that and now add some interesting diverse experiences that I've had over the years in time in higher educational myself. And if you have any questions, I'll be glad to answer those.

CHAIRMAN KNOTTS: Any questions from any members of the committee?

SENATOR MCGILL: A good man.

MR. BARBER: Thanks so much, Senator McGill.

MS. DERRICK: Dr. John Nicholson.

DR. NICHOLSON: I'm John Nicholson. I'm a candidate for Lander University Board of Trustees from the Seat #9. I'm from Ridgeway and I practice dentistry in Winnsboro for 27 years and came up through the public system in South Carolina. I went to Wofford and look forward to serving on the board if I'm elected.

CHAIRMAN KNOTTS: Any questions from any member of the committee?

COMMITTEE: (No response.)

DR. NICHOLSON: Thank you.

CHAIRMAN KNOTTS: Yes, sir.

SENATOR PEELER: I don't have any questions for the gentleman for voting, but the folk that are holding the position and running unopposed, did they serve an unexpired term? How did they make it without being screened before is the question I'm asking.

MS. DERRICK: It's a vacant seat. This is a vacant seat. And he's the only one that filed.

SENATOR PEELER: I got you. Thank you.

CHAIRMAN KNOTTS: Thank you.

MS. DERRICK: Dr. Ann Hurst.

DR. HURST: Good afternoon, Mr. Chairman, members of the committee. Thank you for having us this afternoon. I'm a veterinary practitioner in Orangeburg County. I'm a native of South Carolina. I was raised in the environment of higher education. As a native of Clemson with a father on the staff and administration for over 30 years.

I received my education out of state. And I have been making reparations ever since. I am active in my community and see higher education as an essential key to the furtherance of the prosperity of this great state. I'd be happy to answer any questions.

CHAIRMAN KNOTTS: Any member of the committee have any questions or concerns?

COMMITTEE: (No response.)

CHAIRMAN KNOTTS: Thank you. Have a seat. Okay. Do I have a motion on these that have no opposition that's been before the committee that we just heard from?